משפטים תשפ״ג

00:00 Speaker 1 A good day. I'd like to, uh, dedicate this shiur tonight for Refuah Shlaima for Sarah bat Ido bas Tikvah. Sarah Lamel. Um, as an exception, I would like to ask you to join me in saying a Kapitel Tehillah for her. Apparently, her, uh, condition has, has, uh, had its ups and downs. So if you can join me in saying, we'll say Kapitel Chaf, and then we'll put in some slokha. I know it's by night, and, uh, but it's a very special situation. So if you'll join me, Kapitel Chaf. Lam natzach mizmor l'David. Ya'an kho Adonai beyom tsorah. Yesagev kho shem elohei Yaakov. Yish'lach ezrakho mikodesh. U'mitsion yesodekha. Yizkar kol min chesekhkha v'yelos kho yadakh shnesei lo. Yiten l'kho chilbovekha uv'chol asoskha yemaleh. Nerananah b'yeshu'osekha u'veshem eloheinu nidgeh-al. Yimaleh Adonai kol mish'alei sekhha. Ath yodati ki yashiya Adonai meshikho. Ya'aneihu mishmei kodesho. B'gvur es yesh yamino. Ei lavarekhheh v'ei lavas Usim. V'anakhnu v'shem Adonai Eloheinu nazkir. Hei makoru u'venoholu. V'anakhnu kamnu va-nith kedod. Adonai yeshiyo ha-melekh ya'aneinu vayom koreinu. Yishaber khavram avesei nevram yesakh Yaakov. Yeshno ar nimdodi shlimo yerapei es Sarah bat Ido bas Tikvah. Ba'avur she-anu mispallalim ba'avuro. V'anu nosnim selkha ba'avuro. B'skhas Harachaman Ha-Kadosh Barukh Hu yimaleh rahmi aleiha. Achlim ela khfeiso l'chazik ela lach yiso. Yish'lach lomhei refuah shlaima min hashamayim l'khol cholei Yisrael b'girheha. B'sekh she'ar khayil Yisrael. Refuas hanefesh, refuas haguf. V'nomer amen.

01:56 Speaker 2 Amen.

01:59 Speaker 1 Put in the slokha, and we'll start the shiur. So perhaps very appropriately, we start off with the Inyun of tefillah. And my question here is, no one asked me this question, it was something that was bothering me myself, about do Bnei Noach have the koach of tefillah? So I'm comparing here Nusach Ashkenaz and Nusach Sfarad Ari. So we, in Ashk- in Nusach Ari Z"L, we finish off the brocha, ki atah shomea tefilas kolpeh. Nusach Ashkenaz finish off, well, the pre-penultimate part of the brocha, ki atah shomea tefilas amkha Yisrael b'rachamim. So here they have the bro- the Nusach Ashkenaz is that Hashem listens to the tefillah of Eden with compassion. Whereas Nusach Sfarad says Ha-Hashem listens to the prayers of kol pal, every, every mouth. It would suggest there's a difference here whether Hashem listens to the tefilas of Bnei Noach or not. Ironically, or perhaps revealingly, when we look at the Uneinu, which is said on a fast day, so davka in Nusach Sfarad or Nusach Ari Z"L, we finish off, "Ho'ineh le'am ha-Yisrael be'eis tzarah." Whereas in Nusach Ashkenaz, it is, "Ho'ineh be'eis tzarah." So if you wanted to say that there is an emphasis, davka, in Nusach Ashkenaz, davka, Hashem listens to the tefillah of Amcha Yisrael, well, actually, on Atanas, the, their nusach is, "Ho'ineh be'eis tzarah," without specif- specifying Bnei, uh, Bnei Yisrael. And by us, it's the other v'ker that on Atanas, we say, "Ho'ineh le'am Yisrael be'eis tzarah." So I suspect this, that this, one should not be

04:02 Speaker 1 reading into this, um, one, one, one position or the other. The Mefor she-HaSidur do refer to the pasuk in Tehillim samech hei. The tefillah- ... who listens to prayer, "Odekhkha kol basar yovoju." To you, all flesh do turn or come to. Well, without going into all the Meforshim or Remozim, but that's, the pasht is kol basar means all flesh or all humans, at least, uh, will turn to Hashem, and Hashem will listen, obviously. Just in reference to the Nusach Ashkenaz, just I'd want to perhaps remind you, we had this discussion where we say in the brocha of Refaenu, "Refeich, um, refeich le'am ha-Yisrael." And in the brocha of Asher Yotzar, we say, "Refeich kol basar." And if I remember correctly, back then, the disc- the answer was that in birkas Asher Yotzar, it's a shevach, it's a praise. Therefore, we emphasize, "Refeich kol basar." In Shemoneh Esreh, it is a request. And spec- certainly, um, spec- specifically because some have got the minhag of when they're asking for a prayer for someone specifically, they will spell out that name in the brocha of Refaenu. And since there is the idea of b'sekh shear kol Yisrael, when you ask for refuah for someone, you should include in, amongst shear kol Yisrael. Therefore, it finishes off, "Refeich le'am ha-Yisrael." If all on a request, it makes sense, coming back to our point, it makes sense in a request, you, uh, pray a request for those who are close to you. But that, this doesn't really s- say

06:00 Speaker 1 one way or the other, def- by, you know, how do you say, um, with definition Whether the HaShem listens to the tefillahs of Bnei Noach. But I was, I was very curious. It was bothering me for the past week and a half or something. So I did so a bit some, some homework, and I came up with the... Well, I lo- I'll tell you where I looked. I looked up, there's a Sefer called Sheva Mitzvot Bnei Noach. I think that's what it's called. Um, Sheva Mitzvot HaShem, sorry. Sheva Mitzvot HaShem. About the, and it's about the Mitzvahs of Bnei Noach. And somewhere in, near the beginning of the Sefer, so it talks about this question, do Goyim have the Mitzvah of tefillah? Do they have the power of tefillah? And this is how I got these, these, these references. So it became very, very interesting to me when I saw the details of the question. So one is about Menashe Klein, was a posek in Boro Park, and Rabbi Moshe Feinstein, who, well, posek, he lived in, in, um, lo- um, Lower East Side, in Manhattan. Posek, most, most prominent posek in America. And they were asked, you can see here, Rav, Rav Klein was asked about the tefillah for public schools. Should there be activ- activism for prayer in public schools? Now, for us, we remember very much how the Rebbe was so, uh, outspoken about the idea of having a moment of silence. Now, a moment of silence was for reflection. Was it

07:39 Speaker 1 for a moment of prayer? I don't know. Uh, I do- I, I didn't manage to research that far. But meanwhile, Rav Klein, in his teshuvah, he takes the view that a G- a Ben Noach does not have the power of tefillah at all, other than through the Beis HaMikdash. So you have a Shlomo HaMelech. When he builds the Beis HaMikdash, when he dedicates the Beis HaMikdash, Shem Elohim, Alef chapter Ches. He asks that this place should be a venue where someone will pray, and it will be heard. And then he says specifically, ve-la-nochri, that the nochri who comes here and will pray, you should listen to his prayer. So he says that's when it comes to the Beis HaMikdash. And when it says, "If he basically based tefillah, you call it Lechol HaAm," again, through the Beis HaMikdash. When you see that Hogar was answered for the prayer when Shmuel was ill and, and star- m- m- m- dying of thirst, et cetera. So that's, he says that was B'chos Avrohom. But he takes this very interesting view that the power of tefillah is, is, is not given to Bnei Noach. Perhaps he means after Avodah Zarah, I don't know. The other, um, so that's in Tof Shin Nun Vav. Then we have here in Tof Shin Chaf Gimel, and that is, this letter is written by Rabbi Moshe Feinstein to Reb Sholom Rifkin. For those who are not familiar, there was a Chassid of the Rebbe Rashab called Reb Berel Rifkin. And, uh, he

09:19 Speaker 1 was, uh, he lived in, he lived in, uh, on, on Eastern Parkway. He was, uh, he would come to the Rebbe Shabbos HaBreng, et cetera. Very, one of the prominent Chassidim in his time. And, uh, he had a son called Sholom Rifkin. Reb Sholom, who was a rav in Seattle, later in St. Louis, Missouri. And he had written to Rav Moshe asking about whether there should be the inyan of, of pushing, promoting tefillah for, for Umos HaOlam, for Bnei Noach. I'm pointing this out because I'm, I'm suspecting that this is coming from a Lubavitch. The question of Sholom Rifkin was not just on his own, but, uh, a, coming from a Lubavitch background. And Rav Moshe takes the view just the opposite of Rav Klein. And he says absolutely that there, there, there is a, a inyan of, mitzvah of tefillah, not the inyan of tefillah every day. We don't mean here a formal tefillah, Shemoneh Esreh. We don't mean that. As we know, anyone who's learnt knows that there is a debate whether praying on a daily basis is a mitzvah be-natrayah or not. But praying, everyone agrees that when there is a prayer for, um, a person who's in a eitz tzarah, who is in a, in a predicament, to, uh, davened to Hashem to relieve him from his predicament, that is definitely a mitzvah for Yidden. And Rav Moshe says it applies to Goyim also, applies to Bnei Noach also. And if I'm not mistaken, he even uses language of Ikrei Emunah.

11:02 Speaker 1 And I feel very, very strongly, Rav Moshe's position I resonate with, uh, very, very much because what you, you, you... A Goy is forbidden to worship Avodah Zarah. What does that mean to worship? Worship means he's turning to this deity and asking for blessing, for parnasah, for rains, a good harvest, whatever it may be. So he is praying for his... And, and we say to him, "You know, you mustn't, you mustn't worship." Worship means prayer. So you mustn't worship Avodah Zarah. So what then? He should be worshiping Hashem. So what does worship mean? It means that you recognize Hashem as the deity, as the power, and therefore, when you need intervention, you need help, so then you're gonna turn to that deity, and you go- are gonna ask for help. I, I just see that inyan of prayer is a automatic result. If there's a mitzvah of, of recognition- Of Hashem as the power, it goes with automatically the union of prayer. So you might, um, say I'm not so, uh-- you might not challenge that. All right. And especially you see Rav, Rav Klein didn't learn that way. But I then, I did a little bit of research to see does the Rebbe say something. As, uh... So what I have here is from Tov Shin Mem Hey, and this is when the Rebbe promotes the union of-- This is a Siyum. The first-- I think it was the first Siyum of the, uh, of the s- of, of the first cycle of Limud

12:40 Speaker 1 HaRambam as the Rebbe had instituted. And the Rebbe wanted that there should be a celebration also in the birthplace of the Rambam, in Fez, in Morocco, and he's recommending that there should be Torah, tefillah, and tzedakah. Now, the background to this, to this whole story is, is that the M- Moroccan government, they had started making a whole campaign in commemoration of the Rambam. And that's what the-- Even before the Rebbe started the whole, the whole campaign, there was already the government of Morocco had started promoting it. And so now, the Rebbe is saying that the-- along with the government in Morocco, they should be making so a, a Torah, tefillah, and tzedakah. Now, let's read carefully what the Rebbe says here. But these three of Torah, are relevant also for. So you first have a Gemara which says if a akum or goy, whatever the words are in the Gemara, we don't know, you know, the, uh, censor. But if a goy is, which Torah? If he's learning Torah, this is based upon a pasuk. That Torah is more precious than pninim, which comes from the word pearl. It means a pearl, which is inside the oyster, um, oyster shell. That the Torah is more precious than the Kohen Gadol who enters, enters to the inner sanctuary. So it, it says even akum who's. But the main point which I want to share with you is the second point. Says the Rebbe. The column of. Since a goy is commanded to deny, since he is

14:29 Speaker 1 commanded to have emunah faith in Hashem, even though in the brackets, even though the faith of the goy is on the level of, not higher, as discussed in. So if he's aware that there is a supreme power, and that this is or , that this is the supreme power over the entire universe, it's obvious, it makes sense that when h-he is, finds himself in a , in a predicament, or when he is n-in need for a particular union. So he to that power, to the. So he will pray to that first primary existence, which is the call of all existence. So if you have believed that he's there, so then when you have a need, you'll return to that being to ask him to fulfill your union, to provide your needs. So the Rebbe clearly is saying that there is-- He's not saying there's a mitzvah of tefillah. But the concept of tefillah applies to Bnei Noach, definitely. Um, just there, there are statistics. I did a little Google search on Thursday because I, I was, uh, whatever, just during the week. I remember reading a statistic of people being prayed for have got a greater, um, recovery rate. But actually, as I, when I Googled it on, on-- during the week, I saw that there are. We're not gonna base our emunah in on, on, uh, on statistics. But just we see here in Torah that, that there is a recognition that also have the union of tefillah. Um, Rav Naftali is writing here

16:24 Speaker 1 that the Rebbe earlier wanted that the public school children should pray. This was in the '20s when the Regent's Prayer was abolished, and the Rebbe protested strongly. So that's obviously the, the, um, conversation, the correspondence of Rav Rivkin in. But the Rebbe, that was obviously in relation to the abolishment of the Regent's Prayer and the, and the Rebbe's protest. Uh, I mean, I'm guessing, and I think this is. And then in the, in the, in the '80s, in the mems, that's when the Rebbe started pushing the moment of silence. But, uh, yes, so I, I think what you're saying that the moment of silence was a kind of replacement for the moment of-- for the prayer, but it wasn't just a moment of reflection, but also to, um, to, to, to, um, to what, what they need. I don't know. Um, yes, thank you, Rabbi, um, uh, Glazman in Riga. She went through my mind also. The in Toronto-- I, I'm not sure whether it was, it was Toronto or was it in Canada you're writing. That they wanted-- They had a meeting with the then Prime Minister of, of, uh, Canada, and they wanted to present, uh, perhaps a, a sil- They wanted to give, you know, as a, a valuable item like a silver, um, cup or something, and the Rebbe told them, "What's he gonna do with it?" And the Rebbe told them to, to give a siddur, and they got a... That was just when the-- As far as I remember,

18:01 Speaker 1 this was just when the in nineteen seventy-eight, when the came out with English translation, and they went and got a, a copy leather-bound, and they presented that to the then Prime Minister, whether it was Trudeau or whoever he was, I don't remember. Thank you. Yeah, that went through my mind, the Rebbe was saying that, that, that, you know, there's a. Thank you. Let's move on then. Um, let's go on to the next question. This is on a much simpler level. Someone's asking me, he's noticed in some shuls, perhaps Chabad houses, that at Hagb'ah they're singing also the Pasuk Hashiveinu, and he's asking, where does that come from? So I've got here on the screen our Nusach of what we say by Hagb'ah. Then here, um, then we have what Nusach Ashkenaz, which I took from, um, Siddur, uh, uh, authentic Avodah Siach Yisroel, the Bear Siddur. It's pretty much the same thing. Then when the Sefer Torah is put back in the Aron, then we just say Hallelu. Nusach Ashkenaz has a whole list of Psukim, and the last of them is after Derucheh Da, Et Chaim, Derucheh Da Chenuya. So they say the same Psukim at Hagb'ah and at putting back the Sefer Torah, finishing off with Hashiveinu. What I suspect is just a simple, um, perhaps an error. What's been happening is you have your, in your Chabad house, your, you have, you sing Vezeh Sal Torah, and you start singing, Et Chaim He Elaba Chazakim Bah. And pe- the people recognize those

19:45 Speaker 1 words because they do-- they have that song which they sing when they do, um, putting back the Sefer Torah. And since there it ends up with Hashiveinu, then it is also kind of, um, uh, kind of followed on that by Hagb'ah also to say Hashiveinu, it doesn't belong there. Why does Hashiveinu belong when putting back the Sefer Torah? That's also a little bit tenuous, but there you can understand that Hashiveinu, Hash... We're putting back the Sefer Torah in the Aron. We're st- restoring the Sefer Torah to the Aron, to the, to the Holy Ark, and we're saying a Pasuk, "Hashem should bring us back to him." So there's kind of a symbolic relationship here that just like we're putting back the Sefer Torah in the Aron, and we're asking Hashem also to take u- us close back to him and g- rejuvenate, give us, um, a fresh high. Something on those lines. But I think it's just a simple mistake. Let's move on to number three. I don't know why it's number four over here, but fine. So here I got last week, at the end of Shabbos, I... Last week, I actually took my phone with me to shul before Shabbos, and I switched it on right after Shabbos, and I have here a question that, uh, an iden-unidentified fellow writes to me that it was, uh, on Shabbos, they lifted the lid of the cholent, and they put it back, and they knew that that was the wrong thing to do, and therefore,

21:14 Speaker 1 they had been violated Shabbos by lifting the lid and putting it back. As a result, if you cook something on Shabbos, you're not allowed to eat it on Shabbos. So they didn't eat the cholent on Shabbos. Now it's Motzaei Shabbos. They want to know whether they have to wait also Bechirteh SheYasu, that if you... The Halacha is, if you ask a Goy to do something in violation of the Halacha, so then you're not allowed to benefit from that, from that work, the, uh, the effort of the Goy, and you have to wait another specific amount of time, the amount of time it would have taken to do so to prepare that. That's called Bechirteh SheYasu. So, so there, obviously, this was the question. They were chalashing for the cholent, and it was till Motzaei Shabbos, and right away, they wanted to know if the cholent... I told them, "You can have the cholent now." There's no... The din of waiting Bechirteh SheYasu is only said by if you ask a Goy. Because there is a greater temptation to ask a Goy to do something without proper license, therefore, there's a penalty that you wait. Oh, penalty, but the idea, the precaution that you do, you wait the amount of time you could have thought you gained, you don't gain. But we don't worry. We're not concerned that a Yid would do an Aveira himself. Um, and then, and therefore, there's no need to put in this, uh, Bechirteh SheYasu. But are you allowed to lift...

22:37 Speaker 1 Well, did, did they actually violate Shabbos? So I'm just... What you have on the screen is from the Sefer Kos HaShulchan from Rav Chaim Noah. Kos Ha, the Sefer Shvisas HaShabbos. It's an old Lit- earlier Litvisher Sefer, that you're not allowed to cover a pot which is sitting on the fire, even if the food is fully cooked, because putting the lid on is a form of stirring. There is a din of Makeis. You're not allowed to stir food. Now, if the food is un-not fully cooked, so stirring as you're making a soup or whatever it may be, you stir the food, and that is so that there should be rotation. The food should be equally exposed to the heat at the bottom of the pot, and it also may help, perhaps help break things down to, to cook better. So stirring is part of the cooking process. So if it's not fully cooked, definitely stirring is, is, is forbidden. Then there is, as we know, so sometimes i- if the cook, if the, if the food is bubbling, you put a lid on, it, it makes the bubbling much more active, and therefore, it does move the food around. So it's... So putting a lid on is a form of stirring. So this Sefer, Shvisas HaShabbos, is saying, not only when it's not fully cooked, but even if it's fully cooked, also, you mustn't put the lid on. And I suspect that that is the general minhag. If you take off the cholent or the

24:07 Speaker 1 soup, and you want to serve, and you're holding it in your hand, you have to put it back, you... Et cetera. But you put the lid on, back on, before you put it back on the burner. I believe this, that's how I was brought up. Meanwhile, Rav Chaim Noah says, "The Olam is Lo Nagu Lizor," that the generally people are not particular when they lift off the lid of the cholent Shabbos morning to check if you need to add water or perhaps to remove some, uh, they want to take out some cholent Shabbos morning. They're not particular not to cover it back. Yesh Loima, because Shabbos morning, by then, the pot, the pot has st- has calmed down. It's not bubbling anymore. And therefore, by putting back the lid, you're not gonna cause the, the waters to start rising. You're not gonna cause activity by putting on the... You're gonna re-con-con-contain the, contain the heat. That, yes, but you're not gonna cause circulation by putting back the lid. So this is what Rav Chaim Noah says, his observation of the general minhag. And he goes from... Um, I've obviously skipped out parts of his, um, e-entry here. But then he says, "When it's not fully cooked, absolutely, it's, it's absolutely a problem. But if it's fully cooked, whether you can compare rev-reverting the lid to stirring. Even though through putting the lid on, the things at the bottom do go up, go up, but we don't," he said, "we don't fully understand how stir... what

25:42 Speaker 1 the effect of stirring is. Perhaps the issue is only you have stirring with your hand." And he says, "With all due respect to the Shulchan Aruch, why do any other poskim not mention this, that, uh, even a fully cooked pot, you mustn't put the lid back on?" Which is a very common, uh, common thing. And now that I'm thinking about it, if putting back the lid is a problem, how does it help if you put the lid back on when it's away from the blech, and then you put it back on? The effect is gonna, it's gonna happen five seconds later. If it's, if it is a, a pr- the effect is a problem, unless you say it's just a effect. At any rate, so he, he's ta- he, there are... Rav Chaim Noah is taking a lenient view about this. And Rav Farkash, zal zayn gezunt, in Shabbos Kalacha is, uh, completely, um, mater if it's fully cooked. I just wanted to throw something in, that I once came to Manchester for a Shabbos, and the bocher who was in charge of the kitchen for Shabbos realized half an hour before Shabbos that the soup was still sitting in the freezer. So he whipped it out of the freezer and put it on the full fire, and waited, and it came to the moment of, of licht zinden, and then the extra 18 minutes, whatever it may be, 15 minutes, whatever it may be, and he lifts the lid, and he sees that there's

27:16 Speaker 1 still ice floating on the top. So he turned off the fire and put the free- the soup back in the freezer for next week. Unfortunately, I mean, had he known the halacha, and that's why I'm sh-sharing it with you in case this ever does happen, you should do like this. If there is a blech, he could have left, providing that there's a blech, he could have left the soup to warm up and to defrost and to warm up. Perhaps two hours later, it would've been hot. It's not a good idea to do this. Don't, we don't plan it that way. We, when... We normally make sure that all the food is hot at the onset of Shabbos. In the scenario which I just, just described, if this bocher had, half an hour into Shabbos, lifted the lid, he wouldn't be allowed to put it back. Because there, it's cold, it's not fully boiled, and so putting back the lid is going to make it cook. That's not allowed. But he could have left it, you know, kind of left the lid on, left it on full fire with a blech, gone away for two hours, and come back. Probably by then it would've been, um, fully, fully boiled, and the bocher would've been able to enjoy a hot soup that Friday night. Let's move on. So here we have, um, question... All right, so question four on your list is, "Does a married... Uh, does a Jewish woman married out, Rachmana Litzlan, does she need

28:48 Speaker 1 to cover her hair?" So I'll tell you what, what happened over here. There's a, somewhere a shli- a sh- a, a couple on shlichus somewhere in, in, uh, Asia, in a Muslim country, and they're doing a challah bake. And so in anticipation of the challah, this is a challah bake event, 20 women are coming, as Hashem, and so she was going to order that each woman will have a tichel, will have a, a, a, uh, to, to cover her hair whilst they're doing this challah bake. A Yiddishe thing. That's a Yiddishe behavior. So her husband, the shliach, says to her, um, "Do you realize that 18 out of the 20 are married to non-Jews? It's all very nice. They're all, they're Jewish, but they, do they have to have a, do they have a hiyuv to cover their hair, that you go into this, uh..." So actually, it's not such a clear-cut, um, answer. And if you, you have in the notes a reference to Oheei Tzara Poskim in Even Haezer Sin Chof Alef, Ois Chof Vav. What I can tell you, and what I told her, is that we have had in, uh, the community women who are baalots teshuva, and they had, obviously, they had children from previous relationships, and they were encouraged to cover their hair. So again, there, there, the, there is a question whether the mitzvah or the hiyuv to cover, uh, uh, the hair of a married woman, is it because she's not an eves hola, or is it

30:18 Speaker 1 because she is married halacha? And that's the question here. She's not married halacha, so does she have to cover her hair? So we did encourage, we do encourage baalots teshuva who ha-ha-have been married before, especially if they have children, that they should cover their hair. Is it an absolute hiyuv? Is... That's debatable. I felt, though, still it was advisable in this case that they should provide them with tichelach. Number one, it's going to be encouraging for the two which are married Jewish. And number two, all of these other eight- the 18, their daughters are Jewish. And where their daughters will get married, the mother will be able to tell them that the, as far as she knows, that the derech for a Jewish woman is to- Is that she, i-is to, uh, to cover her hair. So that's why I advised not as a χο but as a, as a recommended practice. Uh, I didn't have... I didn't copy the-- Orot HaPoskim is not on the Orchos HaChachma. So that's why you don't have a copy of the page on the screen. We're going to onto the next question, and that is about a couple. So the Shliach somewhere in the United States, and he's got a, a, a, uh, couple who've been married for 50 years, Baruch Hashem. They-- back in Russia, and now they're living somewhere in the United States, and they want to get married. And so he's asking some guidance for the, for the chasuna. And he asks: What do you

31:51 Speaker 1 write in the ketubah? Now, there's a difference between the ketubah of a first marriage or a second marriage. If there's a besulah, the ketubah is masayim, it's 200 zuz, and for a, an, uh, one's been married before, then it's a hu- hundred zuz. Uh, so some, some changes there. So what you have in front of you is from the series of Mishpat HaKetubah written by Rebbe Eliyahu Bal Shalom, who, and he's son-in-law of Rabbi Ovadia Yosef, who's written an eight-volume series on ketubots. So miraculously, I managed to find this in the eight volumes. And, uh, he writes the following. Miraculously, as in by do-doing a search. So he writes like this: "Also a couple who are coming to get married, k'das Moshe v'Yisrael, although they... A-and they've been living before a married life, a civil, civil marriage, et cetera. One may, one should come..." So they're, they're coming here. They've never... They've been... They were mar- They've remarried, and she was never married to anyone else, and they want to now have a kosher marriage. So you can write. He says, he, he recommends to write, "Mohel besulai chimaso," to write the ketubah of 200 zuz. And Sefardim don't write m'deoraisa. We write m'deoraisa. So you can also, and then you can commit yourself. The chosan is allowed to commit himself. The chasan can m'deoraisa. He can, can make that commitment. The only change is that in the ketubah we write, we de- we'd refer to the, to the kallah besult todo, this besulah. And

33:25 Speaker 1 obviously, that title cannot be used over here. She's Baruch Hashem. You know, her children are there, um, applauding. Um, you can't really write besult todo. So but you can... Everything else you write the same. All right. So that's Baruch Hashem. It's a thing which is happening. Uh, people are going second. You know, people were married before in former Soviet Union, et cetera, and coming to, and, uh, have a, a kosher chuppah. So here I got a very interesting question. This is next, next, next question. I get an email about a fellow traveling from, from LA on the 5th of March, which is, which is Ta'anit Esther. They're gonna land in London on the 5th of March, and they're going to then take a flight from Heathrow to Tel Aviv. So he's asking: When does the fast begin? When does the fast end? So again, we're sharing useful information. There is a website called My Zmanim, and there you can also get, if you type in the, your, your flight details or your flight times, they will give you exactly for your itinerary when will be time for Shacharis, when will be time for Mincha. They will give you, uh, the details of when to daven, et cetera, during your journey. So then, so I shared that with them, when the fast... It was four hours after the takeoff. The Los Angeles will be already the beginning of the fast. Then I said, "Wait a minute. Well, what, what about, what about Megillah?" So the person

35:05 Speaker 1 on the other side says this person is traveling to Yerushalayim. So again, if they're traveling on Ta'anit Esther and traveling that night into, uh, to Eretz Yisrael, they're traveling on Purim night. So what about Megillah by night, by day? I said, "Probably they're traveling with a Megillah." He says, "No, they're, they're going to Yerushalayim." So here's the question. Does someone who is, does someone who is traveling from Chutz La'aretz as in intending to spend 15 Sh'vat, the 15th of Adar in Yerushalayim, do they have to hear Megillah on the 14th? That's the question. So I looked around a bit and I came, came across this, uh, the Aruch HaShulchan. It's in That's in Yerushalayim, then he doesn't have to read Megillah on the 14th. BiShlayim, all very well if he's in a town on the 14th, then he is bound to follow the practice of, uh, of the local m- m- people. But if he's en route in the sea or the, the desert, he doesn't have a chir, uh, automatically. If he's gonna stay there also, he's, he's planning to stay there for the 14th and the 15th, then he has to follow rove Olam and hear the Megi- read the Megillah on the 14th. But here, since that he's planning to be on the 15th, so they are in Yerushalayim, then he doesn't have to lay the Megillah on the 14th. So that I find very interesting. So here, here's the, so here's the question, which I don't have the answer. What would

38:08 Speaker 1 happen if they land in Tel Aviv Airport, Ben Gurion? If they land before Halos Hashachar, and then it comes into-- and, and then they come into Purim morning, is it, is, is that called he's landed in the ir? Is the airport counted as a ir, or possibly not? People... It's not really a place where people stay. It's people just coming and going. Perhaps you can say that y- we can rely on that, and again, he's gonna come to straight from the airport to Yerushalayim. All right, we can rely on that. Kol Ponim. Um, yeah. Let's move on. So one of our listeners is asking a question, why is it that we have a Mincha Bad to spit when we say, "Shehemishtachavim lehevel v'larik"? Why don't we spit at when we mention the same word, Elilim, in Hoidu? So let's read one thing at a time. So this is from the Hayom Yom for test tavers. It's customary when reciting Aleinu, when we say that phrase, Shehemishtachavim lehevel v'larik, that they bow down to vain and emptiness, and also Musaf of Rosh Hashanah, we say the exact the same lotion, um, whereas in Nusach Ashkenaz, it's Mishtachavim el lo yoshia. So we, Medaykim Shelo Mispalelim, we don't use the word Mispalelim because I think there's a sensitivity not to use that word Teffilah. Interesting, the connection to the beginning of the Shiur. Not to use that in the context of Aveiras Areh. Teffilah means to connect, and we don't want to use that in the context

39:50 Speaker 1 of Aveiras Areh. Kol Ponim, um, and we- the, there's a Mincha-- So first of all, he says about the Nusach. Second point he says is that there's a minute to spit after saying those words. The reason for the spitting, which, which by the way, is mentioned in the Taz, which is about, probably about, uh, three hundred and fifty, four hundred years ago. Although m- even mo- most even Frum guys, you don't see it so much. Lubavitch are very Mehader. Rebbe Sheur would sometimes make his comment, Rebbe Sheur Katznelberg, and he spit, he spat so much, enough for, for three Chalitzas. But never mind. Ta'am v'chika, the reason for this is Ki Midivor Mishaver Roik, because from speaking, that creates saliva, and we don't want to benefit from the saliva which was used for mention of Aveiras Areh. We don't want to use that for further praise for Hashem. Before I go further, sometimes people ask, "What do you do in middle of Shemoneh Esreh on R- Rosh Hashanah?" I would suggest you have a tissue with you, and when you come say those words, instead of spitting to the side in middle of Shemoneh Esreh, which may not be appropriate for you to take away, well, just absorb it in a tissue. So now comes the question, if there is this Inyun of not using the saliva from, from, uh, use- mention of Aveiras Areh, why not in, why not do the same in Hoidu? Now, what you have over here on the top part

41:20 Speaker 1 of the screen is from the, uh, Sefer, the Siddur Ari Z"L. This is the fourth print of the Siddur Ari Z"L, called Siddur of Yankiv Koppel or Kol Yaakov. And this, he does say here w- that it talks about, um, the pause in this passage. Ki Kolei Am Elilim, pause. And then he says, "Veyoroik Legnai Ha Sitra Achra." Then you should spit. You should pause and spit. And then you say, "Hashem Shamayim Asa." That's what the Siddur Ari Z"L, as, um, uh, perhaps we should emphasize, that does not mean that this is from the Ari Z"L. It's-- The compiler puts this in, but, uh, uh, it, I don't know whether we have any Masorah from the Ari Z"L on this, on this de- detail. Um, I don't know. But meanwhile, this very question was asked to the Rebbe, and this was a Yid from South America who entered Yechidus, and Rebbe Baumgarten, Alav Ha-Shalom, went in with him to be able to translate, to interpret from between Yiddish and Spanish. And so this person had asked the Rebbe, "Why don't we spit at Hoidu as we do at, in, in Aleinu?" The Rebbe's answer was that in middle of a passage, it's not appropriate to spit. And this I heard from Rebbe Louis Ostein Gizont. Okay, let's move on. So someone, one of our listeners, asked me this question, where you're-- if there's a leak, are you allowed to place a, a bowl under a leak on Shabbos to c- collect the water? So let's

43:12 Speaker 1 read the Halakha carefully. It's in Simen, in Al Trebe Shechinato, in Simen Shin Lamed Ches. There's a word here, Delaf or Delef. You know, in, in, in contemporary Hebrew. You are allowed to put a kayli, a, a container under a drip on Shabbos. And if it's filled, then you are allowed to pour it away, and then take it or pour it out, and then bring it back and put it to collect the further drips. Then he said, that's only if the drippings... Drippings might mean something else in English, but meanwhile. Um, if it is fit for bathing, for washing, akapanit. May not be drinking quality, but if it is good for washing. But if it's ein hu raoy lekol, but if that which is dripping is not fit for any purpose, then it's muktzeh. Now, here we have the, um, since something is muktzeh, osur litein kli tachatav. You wouldn't be allowed to put a dish under something if it's muktzeh. Uh, for want of a better word, you mustn't muktzeh-ify things on Shabbos. M'ne shemevatel m'heichano. There was something which was portable, was mobile, and you, by sh- by putting it to contain muktzeh, you're making it muktzeh. You're not allowed to make something muktzeh on Shabbos. Um, so if the drip is from a... I didn't want to put it on the sheet, but if it's, let's say, from a toilet or sewer and it's dri- that kind of stuff which is dripping, that stuff is muktzeh. And so, therefore, to put a

44:48 Speaker 1 dish underneath would be m- well, he says, you know, it wouldn't be allowed if you did. Now, then you would be allowed to take away the, the, the, the repulsive contents. You're allowed to take it away. Ki dlo itzim meshom, if it's a place where you're, you're, you're there, you're nearby, it's offensive to you. And we have this famous halacha that geref shel re'e or graf shel re'e, that something which is offensive, even though it's muktzeh, you are allowed to take it away because kovod habriyot, because respect for human life overrides the din of muktzeh. So, if there is something repulsive, offensive where you are, b'makom yeshivaso, then you are allowed to take away the, uh, the, uh, offensive substance. And yet, this is very interesting. Af al pi kein, you wouldn't be allowed to put the dish, l'chatchilah, under the leak. Al semach, that later you'll take it away and pour it out, and, well, uh, and it's not gonna be batel b'rachona because you'll be allowed to move it because of, oh, oh, it's offensive. So he says, shelo yitir u'v'geref shel re'e ela b'rievav. Ad l'chatchilah osu las is geref shel re'e ela b'makom hefetzit. So, so here we have a little bit of a leeway, but he's saying to l'chatchilah, to put our bowl under something which is gonna be repulsive would not be allowed because you're making it muktzeh. The fact that despite muktzeh, you're allowed to take it away, that's, that's, uh, that's a separate opinion. But meanwhile, you're

46:19 Speaker 1 making it muktzeh. Unless there's a loss involved. There's a loss involved, then you'd be allowed to. So then that's something which pa- would be open for a bit of interpretation. If the situation is there's a loss involved, then you'd be allowed to. Um, it may also be if it's a room which is, um, which people are using. So then again, it's going to be, uh, of, uh, offensive. If that's the, you know, the facil-facilities in the house, it's offensive to people to have to use that room with, with the leakage. So then possibly there would be a heter to put it there. Again, it's a violation of din, din of muktzeh. It's a violation, however, in order to preserve the dignity of human life, and therefore there would be a heter to do so. Let's move on. Another question from the same questioner. Davening while under the influence. Sometimes, the farbrengen sometimes people a little... take a little bit, uh, more than a little bit. And are you allowed to daven? It's quite, actually quite interesting. So this is author of the Shefan Ha'och, Simon Tzadok tes. If you had a revi'it of wine in one shot, so you shouldn't daven until the effect of the wine has worn off. And this is very, very important. Even though by waiting until the wine, um, comes off is going to be, uh, you're gonna miss zman tefillah, that you still, you shouldn't daven whilst you are, um, under the influence. V'im shosa yose. If you had

47:59 Speaker 1 more than a revi'it, so then the guidance here is, if you're able to talk before a king, you're not called a shikker. It's called, there's a level called shosi, tipsy, and then there's drunk. Two levels. So if a person is-- see, he seems to be saying like this. A person who's shosi also shouldn't daven. However, if he did daven, he doesn't have to daven again. The tefillah is tivos et tefillah. Im o va'aveh is palal. And he doesn't have to daven again once he sobers up. Even though it's still the zman tefillah. If a person is so stoned that he's not able to talk before a melech, that's the level called shikker. And then, even if he davened, his davening is considered an abomination. It says here, v'lo y'ridu ritzon, et cetera. So this is, uh, shosi. It was a little shtikel surprise to me that he's saying here that if a person is tipsy, they shouldn't be davening, even if it's going to mean missing zman tefillah. That, that could be in winter or Shabbos afternoon. It could be quite, uh, a narrow window. So I guess it means better to close your eyes for a few minutes and sober up a bit and then, then, uh, daven afterwards. So, thank you for that. We're going to go on to the next point, and that is if someone is at a chasuna. As you know, there's a famous letter of the Rebbe about whether you, uh, whether you have to wait. When you go

49:34 Speaker 1 to a wedding, do you have to wait till bentching? Because you have a chi of Sheva Berachos, et cetera, or can you do, bentch on your own? The let-letter of the Rebbe is written to the Chesinover Rebbe. There was a Chesinover Rebbe who would s-send shailas to all different, uh, Rabbonim. So you can see the same question is, is in Mechasit Cha'ar, et cetera. So he also wrote to the Rebbe, and the Rebbe is, do-does kind of melamed zchus on those who da- who bentch without waiting for the, for the full bentching with the, uh, Sheva Berachos, et cetera. So here's, so here's the question. You're part of a... You ma- You, you're answered a ziman with three men, and then now there's, let's say it's not a, not a chasuna, whatever it may be, now there's 10 people, and they want to bench, and they're asking can you join. And you say, "But I already answered ziman." So can you answer ziman if you've already answered ziman at that same meal? So, so let's read what we have over here. Here we have in Siman, uh, kuf tzedek daled. If you have 10 people and three of them had benched without ziman, so then they could join, even after they've finished benching, they could join a ziman. That's only if they benched without ziman. But if three had made a ziman, then they cannot combine to make up the ziman for another seven to make up a ziman of 10. So again, if you,

51:03 Speaker 1 if you bench on your own without ziman, then you are, um, then you are able to combine to a ziman after your benching. If you joined a ziman, a small ziman, then you wouldn't be allowed to. Right. So now we have here someone is pointing out that a V is of ordinary wine, doesn't make most people tipsy. Probably true, and that's why olam is meikel. And yeah. On Simchas Torah by Mussaf, it is often that someone who is a little over the top davening. That is also true. And, um, I don't know. Only thing I can say, perhaps it's irresponsible, but perhaps there's a special shechinah for, for, um, for Simchas Torah. There's certain things which we do on Simchas Torah which are different, you know, like Aliyas, et cetera. So perhaps there's some leeway on that. I have actually two more things which I wanna share with you. They came into the list after the list was sent out on Thursday night, and so I'm gonna share those with you. Number one, someone asked me about trying on a garment. He bought a garment and he's, uh, going to give it in to... He's gonna... He wants to check whether it fits. He wants to, uh, if we can get to, to, he wants to check that it fits, and then he'll, if it, if it fits, then he'll give it in for checking for shatnez. So is there justification to try it on with the, the doubt whether there is shatnez? So here

52:38 Speaker 1 we have from Siman shin alef. That's in Yoreh Deah. That's the dinim of shatnez. And there is a din in Mishna talking about a tailor sitting and sewing garments, and they're sitting there. The garments are on his lap. So he's d-doing tailoring for a goy, so he's tailoring shatnez. So he's got shatnez on his lap. That's okay because he's not wearing it as a garment. He's not doing it for the benefit of, of in, of clothing. There's a chumrah. A tznuim would put it on the... They wouldn't put it on their lap. They'd put it on the, on the, on the floor or I guess on a table, whatever. It also talks about people who are selling clothes, so they're selling shatnez. So they would be wearing it perhaps over their shoulder, but they... because they're not doing it for wearing. But then the people who are more tznuim, which means more, more machmir, they would not put it over their shoulder. They would wear it, well, have a stick and have the shatnez garments on the stick. Then there are more ads here. Some permit even wearing shatnez if you're not wearing it for your personal benefit. Let's say it is to, if you got to do with going through customs, which you'd have to. If it was a purchased garment, then you start being charged. If you wear it, you wouldn't have to pay cu-um, um, customs, duties. Or you're wearing it in order to show the size because you want to sell

54:07 Speaker 1 it. So here you've got a vendor, he's selling clothes. So he's, so the Ramah says it's shatnez. He's allowed to wear it just to show the size. So here's a question. Why does the Ramah say, if you want to sell it? Why doesn't he say to check out because you want to buy it? Is there, is it, is that, is that, you know, a diyuk here? Only the vendor is allowed to wear it for size, but not the buyer. So here we've got this specialist sefer called Malbushe Yesha from Rab- um, Shaul Baloi, where he writes that one who wants to buy a garment and wants to put it on to see whether it fits, some say that lekuv al mi lo allowed. If it was definitely shatnez, you wouldn't be allowed to put it on for size. Now, in the notes, he talks about if you're not sure. So then you have here, because it refers to... I, I, one, I looked up just the one, Rab-- Chesheiv HaEfer from Rav Padva, and he goes into a whole, a whole discussion about this because this comes from the Chayei Adam, Chochmas Adam rather. He says, "If you're buying, you're not allowed to try on a garment which is shatnez because that's considered, uh, inevitably you're benefiting." Um, Rav Padva is not so convinced. And the ikar, you, you have what-- You have a combination. It could be that it's not even shatnez. Even if it is, it could be that the halacha is that

55:39 Speaker 1 you just wearing it just for size is not considered a benefit. So therefore, and I believe that is mineg ha'olam, that people go to a goyishe shop to buy, to buy a garment. They will try it on, and then later give it in for shatnez. So there is, there is basis for that. Right. The last thing which I have, which I wanna share with you is I got a call on Friday- And this was a, um, um, a member of Anash who's a Kohen, and he went to lie there to a shiva. A Sephardic shiva. And by Birchas Ko-- By, by, um, Chazarat Hashatz, he came to Birchat Kohanim. So he's asking, what should he have done? Should he have joined? Because by the Sephardim, they do Birchat Kohanim every day. So he went out. If you're there, if you, a Kohen, is there in the room and someone says, "Kohanim," you have a chiyuv to go out, whatever. The point... It depends if you start moving by, um, Ritzei, fine. But mean-- what I told him is that he-- you can-- you could have joined them in giving Birchat Kohanim. I know Ashkenazim don't do that, and especially the Beis El Oval. Um, I may remind you that just around Tisha B'Av, there was that Sefer Yad HaRebbe which was published about the whether to say or not to say Birchat Kohanim, Chazarat Hashatz, and the Kehuna V'Lekehuna on Tisha B'Av morning. So, um... But meanwhile, let's kind of keep to our point about...

57:13 Speaker 1 So, so here we have in the Piskei Teshuvas, in Siman Qaf Ches, he writes the following. He brings from Rabbi Yosef Ephraim, a Ben Yisro-- Aitz HaSode who was the Chutz La'aretz and the Sephardic Shaminian. So he joins with them. Then he writes, Rav Sha- um, um, Rav Sholom Shvedron, the Maggid from Yerushalayim. When he was a Chutz La'aretz, he would go every day, because in Yerushalayim, he would do Duchan every day. So he would make his poi-point, wherever he was a Chutz La'aretz, to go to a Sephardic Shul in order to do the mitzvah of Siras Kapayim, to do Duchaning, as he would do in Yerushalayim. People who live in Chutz La'aretz, Rav Shlomo Zalman says, "You're not-- You don't have to go. You shouldn't be going to a Sephardic Shul in order to do Birchat Kohanim. Keep to your Minhag. But if you happen to be in a Sephardic Shul, you can, um, follow their Minhag." Now, this brought to my mind the conversation which the Rebbe had with Rav Shaul Yosef Kohen. So Rav Shaul Yosef Kohen was the Rav HaRoshi of, of Haifa, and he had a relationship with the Rebbe back from Dalita, from Glubokia, um, where the Rebbe had stayed in their house as a young man. And, um, the Rebbe says to him, "Do you do Birchat Kohanim, I, I guess, in Haifa every day or only Shabbos?" So he says, "Every day." So the Rebbe says, "What are you doing over here? How are you doing over

58:37 Speaker 1 here? I'm, I'm told there are Sephardic Shuls where they do Birchat Kohanim every day." So Rav Kohen says to the Rebbe that the, the Sephardic Shul is far away from where I'm staying. So the Rebbe said, ", when you, when you get back to, to, Eretz Yisroel, you should give me Birchat Kohanim right away." Um, and he says that... All right, this, this is, this is the conversation. I, I suspect that what's going on here, the Rebbe told Rav, Rav Kohen, Rav Shaul Yosef, to do Birchat Kohanim in a Sephardic Shul. It wasn't-- He didn't tell every Kohen who came from Eretz, from Eretz Yisroel. Possibly because Rav Shaul Yosef, w- his Minhag was to do it every day, and he was like, he also pushed that they should do it in Haifa, they should do it every day. So perhaps, perhaps he as a per- a, a specific individual had a special, uh, need, and therefore the Rebbe's encouraging him to do Birchat Kohanim every day, because it's like Rav, we saw about Rav Shvedron. He felt a special emphasis to do Birchat Kohanim every day. Doesn't mean that every Kohen who comes from Hu- from Yerushalayim to Chutz La'aretz to start looking for a Sephardic Shaminian. But, um, I don't know. I'll leave that open as a question. You're asking the question in any case, so. All right. I wish you all a Gut Shabbos, and we should hear B'soros Tovos, Yeshuas Ben David, Geulah, Moshiach, Eliyahu HaNavi. Should give us B'soros

1:00:00 Speaker 1 Tovos, B'soros HaGeulah, B'meheira Deyameinu. Mamash.